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At a House Judiciary Committee oversight hearing for Department of Homeland Security today, Trent Franks implored DHS Secretary Jeh Johnson to consider the threat of electromagnetic pulse or geomagnetic disturbance to the electrical grid because “we have additional information that seems to indicate the threat is more significant than we have been aware of.”

Franks also submitted an amendment to the Intelligence Authorization requiring the Director of National Intelligence to report on the threat EMPs pose to the US through 2025.

I have no idea whether this is credible or not. Franks is not one of the Members of Congress I consider to be the most reliable (and our resident desert rat has even less complimentary things to say).

Marcy has been blogging full time since 2007. She’s known for her live-blogging of the Scooter Libby trial, her discovery of the number of times Khalid Sheikh Mohammed was waterboarded, and generally for her weedy analysis of document dumps.

Marcy Wheeler is an independent journalist writing about national security and civil liberties. She writes as emptywheel at her eponymous blog, publishes at outlets including the Guardian, Salon, and the Progressive, and appears frequently on television and radio. She is the author of Anatomy of Deceit, a primer on the CIA leak investigation, and liveblogged the Scooter Libby trial.

Marcy has a PhD from the University of Michigan, where she researched the “feuilleton,” a short conversational newspaper form that has proven important in times of heightened censorship. Before and after her time in academics, Marcy provided documentation consulting for corporations in the auto, tech, and energy industries. She lives with her spouse and dog in Grand Rapids, MI.

http://www.emptywheel.net/wp-content/uploads/2016/07/Logo-Web.png00emptywheelhttp://www.emptywheel.net/wp-content/uploads/2016/07/Logo-Web.pngemptywheel2014-05-29 14:12:462014-05-29 14:12:46Trent Franks and the EMP Threat to the Electrical Grid

May 18-20, 2011: DOJ (including Office of Legislative Affairs) discusses “draft legal analysis regarding the application of domestic and international law to the use of lethal force in a foreign country against U.S. citizens” (this may be the DOJ response to Ron Wyden).

February 8, 2012: Ron Wyden follows up on his earlier requests for information on the targeted killing memo with Eric Holder. (5)

March 7, 2012: Tom Graves (R-GA) asks Robert Mueller whether Eric Holder’s criteria for the targeted killing of Americans applies in the US; Mueller replies he’d have to ask DOJ. Per his office today, DOJ has not yet provided Graves with an answer. (6)

March 8, 2012: Pat Leahy renews his request for the OLC memo at DOJ appropriations hearing.(7)

June 7, 2012: After Jerry Nadler requests the memo, Eric Holder commits to providing the House Judiciary a briefing–but not the OLC memo–within a month. (8)

June 27, 2012: In Questions for the Record following a June 7 hearing, Jerry Nadler notes that DOJ has sought dismissal of court challenges to targeted killing by claiming “the appropriate check on executive branch conduct here is the Congress and that information is being shared with Congress to make that check a meaningful one,” but “we have yet to get any response” to “several requests” for the OLC memo authorizing targeted killing. He also renews his request for the briefing Holder had promised. (10)

July 19, 2012: Both Pat Leahy and Chuck Grassley complain about past unanswered requests for OLC memo. (Grassley prepared an amendment as well, but withdrew it in favor of Cornyn’s.) Leahy (but not Grassley) votes to table John Cornyn amendment to require Administration to release the memo.

July 24, 2012: SSCI passes Intelligence Authorization that requires DOJ to make all post-9/11 OLC memos available to the Senate Intelligence Committee, albeit with two big loopholes.

December 4, 2012: Jerry Nadler, John Conyers, and Bobby Scott ask for finalized white paper, all opinions on broader drone program (or at least a briefing), including signature strikes, an update on the drone rule book, and public release of the white paper.

December 19, 2012: Ted Poe and Tredy Gowdy send Eric Holder a letter asking specific questions about targeted killing (not limited to the killing of an American), including “Where is the legal authority for the President (or US intelligence agencies acting under his direction) to target and kill a US citizen abroad?”

January 14, 2013: Wyden writes John Brennan letter in anticipation of his confirmation hearing, renewing his request for targeted killing memos. (11)

February 7, 2013: In John Brennan’s confirmation hearing, Dianne Feinstein and Ron Wyden reveal there are still outstanding memos pertaining to killing Americans, and renew their demand for those memos. (16)

February 8, 2013: Poe and Gowdy follow up on their December 19 letter, adding several questions, particularly regarding what “informed, high level” officials make determinations on targeted killing criteria.

February 12, 2013: Rand Paul sends second letter asking not just about white paper standards, but also about how National Security Act, Posse Commitatus, and Insurrection Acts would limit targeting Americans within the US.

February 20, 2013: Paul sends third letter, repeating his question about whether the President can have American killed inside the US.

February 27, 2013: At hearing on targeted killing of Americans, HJC Chair Bob Goodlatte — and several other members of the Committee — renews request for OLC memos. (21)

March 11, 2013: Barbara Lee and 7 other progressives ask Obama to release “in an unclassified form, the full legal basis of executive branch claims” about targeted killing, as well as the “architecture” of the drone program generally. (22)

All Members of Congress who have asked about Targeted Killing Memos and/or policies

Marcy has been blogging full time since 2007. She’s known for her live-blogging of the Scooter Libby trial, her discovery of the number of times Khalid Sheikh Mohammed was waterboarded, and generally for her weedy analysis of document dumps.

Marcy Wheeler is an independent journalist writing about national security and civil liberties. She writes as emptywheel at her eponymous blog, publishes at outlets including the Guardian, Salon, and the Progressive, and appears frequently on television and radio. She is the author of Anatomy of Deceit, a primer on the CIA leak investigation, and liveblogged the Scooter Libby trial.

Marcy has a PhD from the University of Michigan, where she researched the “feuilleton,” a short conversational newspaper form that has proven important in times of heightened censorship. Before and after her time in academics, Marcy provided documentation consulting for corporations in the auto, tech, and energy industries. She lives with her spouse and dog in Grand Rapids, MI.

http://www.emptywheel.net/wp-content/uploads/2016/07/Logo-Web.png00emptywheelhttp://www.emptywheel.net/wp-content/uploads/2016/07/Logo-Web.pngemptywheel2013-03-11 18:00:012013-03-11 21:39:08That Makes Over 21 Requests by 31 Members of Congress, Mr. President

To date, the push to release the targeted killing memos has come from a few civil libertarians in both parties — Ron Wyden and his usual allies in the Senate, Jerry Nadler and a few allies on the House Judiciary Commitee, Mike Lee — and Chuck Grassley, who is good on issues of oversight. There was John Cornyn’s attempt to get the memo last year, and Susan Collins — carrying over a decent oversight stance from her work at the Homeland Security Committee — joined Wyden’s effort earlier this week.

Thus, with just a few exceptions, the push has been led by a fairly small group of people who continually push such issues.

Until now. Bob Goodlatte, James Sensenbrenner, and Trent Franks have just joined their Democratic counterparts demanding memos pertaining to all drone strikes, asking for signature strikes by name (this is effectively a restatement of this request from the Democrats in December).

The House Judiciary Committee’s jurisdiction in this area is clear: we are the congressional committee with responsibility over civil liberties, the Constitution, and criminal law enforcement, as well as oversight of the Justice Department. Irrespective of the role of the Intelligence Committees, our role and responsibility with regard to this matter is also well established through our longstanding participation in oversight of other national security programs, including those involving our surveillance agencies that have arisen in the wake of the 9.11 [sic] terrorist attacks. We believe that our authority and responsibility to review the legal justifications for the administration’s drone program is beyond dispute.

[snip]

We are disappointed that three prior requests to review these memoranda by members of the Committee have gone unanswered.

It will be interesting to see what their motive is for getting involved: whether it’s the sense that their prerogative has been slighted (as it has) or whether they figure there must be something in the memos if Obama is going to such ridiculous lengths to hide them.

Whatever it is, though, this development suggests the calls are becoming increasingly bipartisan and mainstream.

In any case, this represents at least the 15th request for these memos.

Marcy has been blogging full time since 2007. She’s known for her live-blogging of the Scooter Libby trial, her discovery of the number of times Khalid Sheikh Mohammed was waterboarded, and generally for her weedy analysis of document dumps.

Marcy Wheeler is an independent journalist writing about national security and civil liberties. She writes as emptywheel at her eponymous blog, publishes at outlets including the Guardian, Salon, and the Progressive, and appears frequently on television and radio. She is the author of Anatomy of Deceit, a primer on the CIA leak investigation, and liveblogged the Scooter Libby trial.

Marcy has a PhD from the University of Michigan, where she researched the “feuilleton,” a short conversational newspaper form that has proven important in times of heightened censorship. Before and after her time in academics, Marcy provided documentation consulting for corporations in the auto, tech, and energy industries. She lives with her spouse and dog in Grand Rapids, MI.